AB 256, as introduced, Garcia. Pupils: grounds for suspension and expulsion.
Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the superintendent of the school district or the principal of the school determines that the pupil has committed any of various specified acts, including, but not limited to, engaging in acts of bullying by means of an electronic act, as defined. Existing law prohibits a pupil from being suspended or expelled for any of those acts unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district.
Existing law also authorizes a pupil enrolled in any of grades 4 to 12, inclusive, to be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment, whether or not the act relates to a school activity or school attendance.
This bill would additionally authorize a pupil enrolled in any of grades 4 to 12, inclusive, to be suspended or expelled if the superintendent or principal of the pupil’s school determines that the pupil has intentionally engaged in bullying by means of an electronic act, as defined, directed against school district personnel or pupils, that is equally as severe or pervasive, whether or not the act relates to a school activity or school attendance.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 48900.4 of the Education Code is
2amended to read:
In addition to the grounds specified in Sections 48900
4and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive,
5may be suspended from school or recommended for expulsion if
6the superintendent or the principal of the school in which the pupil
7is enrolled determines that the pupil has intentionally engaged in
8harassment, threats,begin delete orend delete intimidation,begin insert or bullying by means of an
9electronic act, as defined in subdivision (r) of Section 48900,end insert
10 directed against school district personnel or pupils, that is
11sufficiently severe or pervasive to have the actual and reasonably
12expected effect of materially disrupting classwork,
creating
13substantial disorder, and invading the rights of either school
14personnel or pupils by creating an intimidating or hostile
15educational environment.
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